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Defamation Actual Malice

Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement... more +
Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement was communicated or published to a third party 3) the defendant caused the statement to be communicated or published, either intentionally or at least negligently 4) some harm was suffered as a result. less -
Buckingham, Doolittle & Burroughs, LLC

Defamation of a Public Figure vs. Private Figure

Defamation, in general, is designed to provide individuals with a remedy for false statements that harm their reputation. The level of fault you have to prove against the speaker of the defamatory statement varies depending...more

Weintraub Tobin

Podcast: The Briefing - Is Linda Fairstein’s Portrayal in Netflix’s “When They See Us” Fair?

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Former New York prosecutor Linda Fairstein is suing Netflix over her portrayal in the limited series “When They See Us,” which tells the story of the 1989 Central Park jogger case. Scott Hervey and Tara Sattler discuss this...more

Weintraub Tobin

The Briefing: Is Linda Fairstein’s Portrayal in Netflix’s “When They See Us” Fair?

Weintraub Tobin on

Former New York prosecutor Linda Fairstein is suing Netflix over her portrayal in the limited series “When They See Us,” which tells the story of the 1989 Central Park jogger case. Scott Hervey and Tara Sattler discuss this...more

Ballard Spahr LLP

The Supreme Court Does Not Pose a “True Threat” to Defamation Law

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Summary - An opinion about a category of unprotected speech called “true threats” sheds light on how a majority of the justices may view New York Times v. Sullivan, a key defamation case. It also resolves a split over the...more

WilmerHale

Disinformation Litigation Lessons From Media Co. Losses

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In 2022 and early 2023, voting machine companies and the parents of school shooting victims won a string of court rulings against the media companies and personalities that had allegedly spread defamatory, viral lies about...more

Epstein Becker & Green

Actual Malice in the Age of #fakenews

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Public figures are fighting back against fake news. In the most recent headline from the world of celebrity defamation cases, E. Jean Carroll is suing former President Trump for statements he made after she accused him...more

Weintraub Tobin

Podcast - The Briefing by the IP Law Blog: Defamation by Docudrama – Inventing Anna

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In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a defamation dispute between Rachel Williams – a victim of con artist Anna Sorokin – and Netflix, over her portrayal in the docudrama...more

Weintraub Tobin

The Briefing by the IP Law Blog: Defamation by Docudrama – Inventing Anna

Weintraub Tobin on

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a defamation dispute between Rachel Williams – a victim of con artist Anna Sorokin – and Netflix, over her portrayal in the docudrama...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Danish Cults and Defamation

This week, the Ninth Circuit addresses the First Amendment “limited-purpose public figure” doctrine in the context of a charitable organization’s fundraising activities.  The Court holds that charitable organizations...more

Epstein Becker & Green

The Sarah Palin v. New York Times Appeal Will Be a Hot Mess

Epstein Becker & Green on

Former Alaska Governor and Vice Presidential candidate Sarah Palin recently lost the trial of her defamation case against The New York Times. Given the complexity of the legal issues and the unusual events at trial, a messy...more

Tarter Krinsky & Drogin LLP

Law Brief®: Joel Rosner and Richard Schoenstein Discuss Palin vs. The Times

On the latest Law Brief® episode, Host Rich Schoenstein is joined by litigator Joel Rosner to talk about the trial of Sarah Palin's defamation case against the New York Times, which is scheduled to start this week. Law...more

Weintraub Tobin

Podcast: The Briefing from the IP Law Blog - Trouble in House of Gucci: Does the Family Have a Claim Following Release of New...

Weintraub Tobin on

In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo say family members behind the fashion powerhouse Gucci may take legal action following the release of the film, House of Gucci....more

Weintraub Tobin

The Briefing from the IP Law Blog - Trouble in House of Gucci: Does the Family Have a Claim Following Release of New Film?

Weintraub Tobin on

In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo say family members behind the fashion powerhouse Gucci may take legal action following the release of the film, House of Gucci....more

Proskauer Rose LLP

Three Point Shot - Dec 2021

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. We hope you...more

Freeman Law

Texas Law and Business Disparagement

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This article discusses Business Disparagement under Texas law. This article does not discuss the tort of defamation or slander of title. Although similar to defamation or slander of title, the false assertion in a business...more

Weintraub Tobin

The Briefing by the IP Law Blog: “Inspired By” Characters – Defamation Lawsuit Part II

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In this two-part episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Josh Escovedo discuss defamation lawsuits in movies and TV that deal with "Inspired By" characters. The IP law blog is a publication of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Recent Texas Court Decision Highlights the Risks of Defamation in Internal Misconduct Investigations

Employers understand they have an obligation to investigate complaints of workplace misconduct. However, communications made during internal investigations are not totally without risk....more

Davis Wright Tremaine LLP

Libel-Proof Poster Child: Lenny Dykstra Strikes Out in Suit Against Former Mets Teammate and Book Publishers

The most elusive of legal creatures, a "libel-proof" plaintiff, has been found in New York City. And it's Lenny Dykstra—the bad boy of baseball. Former New York Mets slugger Dykstra—whose misdeeds on and off the field are...more

Troutman Pepper

Third Circuit Affirms Protection for 'Pure Opinions'

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In a precedential decision issued on April 14, the U.S. Court of Appeals for the Third Circuit affirmed dismissal of defamation and false light invasion of privacy claims brought against Newsweek by a politically active minor...more

Robins Kaplan LLP

The Second Circuit Eliminates Iqbal Hearings

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The Second Circuit has breathed new life into Sarah Palin’s case against the New York Times by rejecting the use of an unusual “Iqbal” hearing to determine the plausibility of her allegations....more

Ballard Spahr LLP

Minnesota Supreme Court Extends Actual Malice Standard for Presumed Damages to Nonmedia Defendants

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On June 26, 2019, the Minnesota Supreme Court held that a private plaintiff may not recover presumed damages for defamatory statements involving a matter of public concern unless the plaintiff can establish actual malice....more

Kelley Drye & Warren LLP

No Actual Malice In The Wolf Of Wall Street Lawsuit: Judge Tosses Defamation Claim Brought By Former Stratton Oakmont Executive

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Less than three months after Paramount Pictures released the hit movie The Wolf of Wall Street in December 2013, former Stratton Oakmont attorney and executive Andrew Greene sued the studio and the movie’s production...more

Robins Kaplan LLP

Paramount Prevails in “Wolf of Wall Street” Defamation Suit

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In February 2014, Andrew Greene sued Paramount Pictures arguing that he was defamed in the blockbuster film, “The Wolf of Wall Street.” Greene’s four-year battle is now over after a New York federal judge dismissed his...more

Troutman Pepper

#MeToo and the Media

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In the past year, allegations of sexual misconduct have regularly made headlines in top news outlets across the United States. The #MeToo movement has encouraged many individuals to make public the details of sometimes...more

Kelley Drye & Warren LLP

Without Doubt, Anonymous Sources Do Not Equate to Actual Malice

On April 25, 2018, the Second Circuit affirmed the district court’s dismissal of Venezuela’s “Number Two” politician’s, Diosdado Cabello-Rondon (“Cabello”), libel suit against Dow Jones & Company, Inc. (“Dow Jones”). The...more

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